U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

July 25, 2013 

OVERNIGHT MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines. IL 60018 

847/294-7313 

2: lb RECEIVED 

JUL 2 6 2013 

HEARING DOCKET 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Meyer Laboratory, Inc.J FOrY> S ~C>l3 ~ O<ol8 

Docket No. 2013~~L-70-0054 J>ot3i\ WA -c.f¥>· ;).:JJ q I ' ·~ 

Enclosed herein please find a copy of a request for hearing and the original and one copy of the 

Federal Aviation Administration's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Chicago area, and expects that the 

hearing will last one day. 

Please address all commwlications for the Federal Aviation Administration to the attention of Kate 

Barber, Office ofthe Regional Counsel, 2300 East Devon Avenue, Des Plaines, illinois 60018. 

· S.incerely, 

~~ \ 

Kate Barber 

Enclosures 

cc: AGL-700 

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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIA TIONADMINISTRA TION RECEIVED 

OFFICE OF HEARINGS JUL 2 6 2013 

WASHINGTON, D.C. 

______________ __::_:H=E!..JJARfNG DOCKET 

In the Matter of Meyer Laboratory, Inc. 

2013-GL-70-0054 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its Complaint, 

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pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

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1. On or about December 5, 2012, Meye1; Laboratory~ Inc. (Meyer) knowingly offered an . . , . . ' ' :1 .· .. 

undeclared hazardous materials ~hipme~t t~ Federal Express Corporation (FedEx), which was 

assigned Air Waybill (A WB) number 800706835500. 

2. The shipment under 800706835500, was offered for transpmtation by air from Meyer 

Laboratory Inc., 1539 Trenton Place, Huntersville, North Carolina 28078 to consignee Meyer 

Laboratory Inc., 2401 NW Jefferson Street, Blue Springs, Missouri 64015. 

3. The shipment under tracking nun1ber 800706835500 was discovered by FedEx personnel, who 

subsequently notified the Federal Aviation Administration. Upon further investigation it was 

discovered that the package contained hazardous materials. 

4. The shipment contained the follovring hazardous materials: 

a) Bulk TS 397, 32 fluid oun:ce, UN 1760, corrosive, Class 8, Packing Group II. :. . . '~ · ~ . l.' ·. T. ! 

5. The shipment contained items classified as hazardous materials under Section 172.101 : '• 

of the Hazardous Materials Regulations. 
6. This hazardous materials shipment was not declared, described, marked, labeled or packaged as 

containing hazardous materials or in the proper condition for transport according to the 

Hazardous Material Regulations. 

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7. The shipment of the hazardous materials waspnj(;e,Ssed and prepared by an employee of Meyer 

that did not receive the required hazardous materials training. 

8. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Declaration for Dangerous Goods. 

9. Meyer offered the above-described' shipment of hazardous material for transportation 

by air when there were no shipping papers containing the proper shipping name of 

each hazardous material; the hazard class of each hazardous material, preceded by 

"UN" or ''NA," as applicable; the total quantity by weight or volume of each 

hazardous material covered by the description; and the basic description of each 

hazardous material shown in sequence. 

10. Meyer offered the above-described ha,z{ttd!)~S .material for transportation by air when . . . .''i\'. 

the shipment was not markect; or labeled in any manner that would indicate the 

hazardous nature of the contents contained therein. 

11. Meyer offered the above-d~scribed shipment for transportation by air when the box 

was not marked with the proper shjpping name and the assigned identification number 

of each hazardous material contained therein, and with the required marking in 

English and printed on or affixed to the surface of the package. 

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12. Meyer offered the above-described shipment for transportation by air when the 

shipment was not properly packaged in accordance with the hazardous materials 

regulations. 

13. Meyer did not make emergency response information, including the emergency 

response telephone number,· available for use at all times the hazardous material was 

present. 

14. Meyer employees performed hazardous material shipping functions when they had not ;. t ·:~' 

received the required hazardous materials efuployee training. 

IV 

By reason of the foregoing facts and circumstances, the Respondent violated the following 

Federal Aviation Regulations: 

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a) 49 CFR § 171.2(e), in that Meyer offered a hazardous material for transportation in air 

commerce that was not properly packed, classed, described, marked, labeled and was not 

in condition for shipment as required by the Hazardous Material Regulations. 

b) 49 CFR Pati 172.200(a), in that Meyer offered a hazardous material for transportation 

and did not properly describe that material on the shipping paper. 

c) 49 CFR Part 172.204(a), in that Meyer ofTered a hazardous material for air transportation 

and did not certify that the mate1a1 for tr~spo,t;tat,ion was in accordance with prescribed 

regulations. 

d) 49 CFR Part 172.30l(a), in that Meyer offered a hazardous material for transportation in 

a non-bulk package and did not properly mark that material in accordance with the 

regulations. 

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e) 49 CFR Part 172.312(a)(l), in that Meyer offered a hazardous material for transportation 

in a non-bulk package and was not packed with the closures pointed upward. 

f) 49 CFR Part 172.400(a), in that Meyer offered a hazardous material for transportation 

and did not properly label that material in accordance with the regulations. 

g) 49 CFR Part 172.600(c)(2), in that Meyer offered a hazardous material for transportation 

and did not provide emergency response information in accordance with the regulations. 

h) 49 CFR Part 172.702(a), in that Meyer did not ensure that employees involved in the 

handling of hazardous materials were trained in accordance with subpart H of Part 172. 

i) 49 CFR Part 173.l(b), in that Meyer offered a hazardous material for transportation when 

it was not prepared by a hazmat employee who was trained in accordance with the 

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requirements prescribed in this ~ubchap~er,. 1 : •• 

j) 49 CFR Part 173.24a (a)(3), in that Meyer offered a hazardous material for transportation ; '. ' ' .; :! ·' 

by air that was not properly packed, secured and cushioned and did not use specification 

packaging when shipping the ~a2:ardous ~aterials. 

k) 49 CFR Part 173.24 (b)(l), in that Meyer offered a hazardous material for transportation 

when it was not packaged in accordance with the requirements prescribed in this 

subchapter. 

1) 49 CFR Part 173 .24(f), in that Meyer offered a hazardous material for transportation and 

failed to have closures on packaging in accordance with the regulations. 

rn) 49 CFR Part 173.27(d), in that Meyer offered a hazardous material for transportation and 

did not properly use closures or ~{'!condary methods of securing liquids in accordance 

with the regulations. 
n) 49 CFR Part 173.27(e)(2), in that Meyer offered a hazardous material for transportation 

and that packaging did not contain a sufficient absorbent material in accordance with the 

regulations. 

o) 49 CFR 173.27 ( e )(3 ), in that Meyer offered a,.haz~dous material for transportation and . .' 

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failed to provide a leak-prooflin,er, plastic bag or other equally efficient means of 

containment in accordance with the regulations: 

p) 49 CFR 173.202, in that Meyer offered a hazardous material for transportation and failed 

to conform to the general packaging requirements of subpart B of part 173, to the 

requirements of part 178 of this subchapter at the Packing Group I or II performance 

level, and to the particular requirements of the special provisions of column 7 of the 

section 172.101 table. 

Pursuant to 49 U.S.C. §5123, Respondent is subject to a civil penalty of at least $250 but not 

more than $50,000 for each of the violations alleged. Under the facts and circumstances of this. 

case, a civil penalty of$63,000 is appropriate .. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law 

Judge enter an order assessing Meyer laboratory, Inc. a civil penalty in the amount of$63,000. 

~es~~~. uully submitted, 

--~~"-- Kate Barber 

Attorney 

Federal Aviation Administration 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

847/294-7862 

Fax: 847/-294-7498 

ij, 

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NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must fde a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service. A general denial is deemed at failure to fde an answer 

(Section 13.209(e)). 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has sent via Overnight Mail as follows: 

Overnight Mail 

Overnight Mail 

(Original & One Copy) 

Date: 

Terry Oles 

Vice President of Operations 

Meyer Laboratory, Inc. 

2401 NW Jefferson Street 

Blue Springs, Missouri 64015 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W 1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Yol 'tA a Quiles 

'~1Jr;_ · / ~. td~ Leg echnician · 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon A venue, AGL-7 

Des Plaines, Illinois 600 18 

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i. 
U.S.DEPARTMENTOFTRANSPORTATION RECEIVED 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

W ASHINGTOlW D.C. 

In The Matter of Meyer Laboratory, Inc. 

2013-GL-70-0054 

Judge Not Assigned 

NOTICE OF APPEARANCE 

JUL 2 6 2013 

HEARING DOCKET 

Complainant, Federal Aviation Administration, hereby notifies the United States Department of 

Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it 

shall be represented in the above-stated action by the following attorney: 

Kate Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 · , ' · , .. i .' , , 

847/294-7862 

Fax: 847/294-7498 

All communications, notices, pleadings or documents are respectfully requested to be forwarded as 

follows: 

Kate " Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

84 7/294-7862 

Fax: 847/294-7498 

Respectfully submitted, 

Kate Barber 

Attorney 

Dated: 1\-d\YJ. 
·' 

CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were sent Overnight 

Mail as follows: 

Overnight Mail 

Overnight Mail 

(Original and one Copy) 

Date: 

Terry Oles 

Vjce President of Operations 

i 1 .• M,eyer Laboratory, Inc. 

24'01 NW Jefferson Street 

Blue Springs, Missouri 64015 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2WIOOO 

Washington, D.C. 20591 

Yol a Quiles 

Lega Technician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon A venue, AGL-7 

Des Plaines, Illinois 60018